Detention Hearing 

This is where your attorney will argue for your loved one to get a bond. A bond is not guaranteed in a federal criminal case and, most of the time, the United States attorney will file a motion to keep your loved one for at least three days. (See Bail Reform Act) In fact, United States pre-trial will interview your loved one to get background information that will be presented to the judge describing what type of risks may be posed if they are released.

The Magistrate judge will make a decision on setting a series of bond conditions to assure that the person shows up for court and will not be a danger to the community. There is a list of factors the judge will consider, and our office will weigh and analyze all the factors to give your loved one the best chance. (18 U.S.C 3142 (g)) Unlike Texas state criminal cases, you don’t just see the magistrate judge, get a bond set, and have your favorite bond company post a 10% bond for your person. Your attorney has to have a plan to argue for conditions of release. Too many attorneys forget that the more work you put in the better the chances. 

You have to understand that most federal drug cases have a presumption that no conditions will satisfy the Judge’s concerns. We have argued hundreds of detention hearings and have built a strategy for presenting evidence for a judge to consider. For example, on November 18, 2022, we presented a continuing legal education for all federal criminal attorneys in San Antonio on the best strategies for detention hearings. This hearing is one of the most important hearings in the entire process. 

If a bond is approved, your loved one may sign themselves out on what’s called an unsecured bond. Here, your loved one signs that they will follow the conditions set by the judge and, if they break conditions, it will be possible to owe the government the amount of the unsecured bond or even face extra federal criminal charges. 

If the judge is on the fence, the judge may ask a family member/other person to sign the unsecured bond as a third-party custodian. This status puts the person on the hook if they don’t report criminal behavior by the arrested person. Bottom line, this is an important federal hearing that needs special attention.

Arraignment 

After you have been indicted on the case you were arrested for the judge will set your case for an arraignment. An arraignment is where the person accused of the crime must plead guilty or not guilty. Most times these hearings are waived, and the accused will automatically enter a plea of not guilty. 

Prior to the arraignment, you will have received a formal charging instrument known as a federal indictment. Your attorney will have to analyze this document and explain the charges and the law. The federal indictment will list all the federal criminal acts you are accused of and list details.

Discovery

Discovery is the disclosure of evidence the Federal Government is releasing to you and your attorney that describes the crimes they believe you have committed. This will be released by way of photographs, reports from the agency that investigated you, police cameras, drone surveillance, wiretaps, text messages between you and informants, social media posts, lab reports for drugs recovered, search warrants, and application for warrants for cell phone data.

Plea or Trial

If you have seen all the evidence in the case, you must decide whether to enter a plea of guilty or go to trial. We will always leave this decision to you and will never force you to enter into a plea bargain. We will always advise on what your sentencing guideline range might be if you enter the guilty plea versus going to trial. 

It is true that most federal cases that are indicted or charged do not go to trial. In fact, more than 90% of federal cases end in some form of a plea bargain. On the other hand, this doesn’t mean there will be no negotiating or that you will take what the prosecutors want. That’s why you need a strong federal criminal defense attorney who knows the law and the other side’s playbook. 

Plea bargains in federal court come in different flavors. Some plea bargains are written agreements with the federal prosecutor while others are plea bargains where you orally enter a plea of guilty to the indictment. Should you decide to go to trial, we will go to battle for you. 

We have taken enough cases to trial that you can feel confident knowing you have a proven defense attorney in your corner. We have a reputation of being willing to go to trial and have earned the respect of federal prosecutors and federal judges for our ability to present a defense and succeed at defending our clients.

Presentence Investigation Report (PSR)

After entering into a plea or after being found guilty, you will be interviewed by the Federal Probation Department. This report will have details about your childhood, education, mental health, general health, the offense, criminal history, and your finances. 

This report will give the sentencing judge a comprehensive view of you on paper. Probation will calculate what they believe should be an appropriate sentencing guideline range and the judge will refer to this report for facts.

Objections to PSR

After the PSR is prepared, your federal criminal attorney generally has 14 days to object to items in the report. During this time, your federal attorney will review the PSR with you and go over what details to contest.

Sentencing Memo and Character Letters

Prior to the sentencing date, your federal criminal lawyer will get as many character letters to present to your judge for purposes of mitigation. These letters will help show the judge that there are people who care about you and truly know your character. 

We all know that humans are not perfect, and this is the opportunity for friends and family to get together and show their support. Our office has been successful with presenting sentencing memos because we get another opportunity to show the true story you want told and explain why we should receive a variance or departure in your case.

The federal criminal justice system is complicated and requires an experienced federal criminal lawyer. If you or a loved one find yourself in need of representation for any federal crime, you can set up a meeting to discuss the facts and defenses in your federal criminal case. Our office handles all federal cases and would be happy to brainstorm the best way to approach your case.